- (a) three, ordinarily resident in the National Capital Region, from local municipalities in Ontario, at least two of whom must be from the city of Ottawa;
- (b) two, ordinarily resident in the National Capital Region, from local municipalities in Quebec, at least one of whom shall be from the section of the city of Gatineau that is west of the Gatineau River; and
- (c) eight from Canada generally, other than from a city or municipality referred to in either of paragraphs (a) or (b).
- (d) and (e) [Repealed, 2002, c. 17, s. 19]
- R.S., 1985, c. N-4, s. 3
- R.S., 1985, c. 1 (4th Supp.), s. 44(E)
- 1995, c. 29, ss. 54, 55(E)
- 2002, c. 17, s. 19
- 2006, c. 9, s. 285
Marginal note: Agent of Her Majesty
4 The Commission is, for all purposes of this Act, an agent of Her Majesty.
- R.S., c. N-3, s. 4
- 1984, c. 31, s. 14
Marginal note: Head office
- 5 (1) The head office of the Commission shall be in the National Capital Region.
- Marginal note: Meetings (2) The Commission shall meet at least three times a year in the National Capital Region.
- R.S., 1985, c. N-4, s. 5
- R.S., 1985, c. 45 (4th Supp.), s. 2
Marginal note: Absence or incapacity
6 In the event of the absence or incapacity of the Chairperson or the Chief Executive Officer or of a vacancy in either office, the Commission shall authorize another member to act as such, but no person may act as such for a period exceeding sixty days without the approval of the Governor in Council.
- R.S., 1985, c. N-4, s. 6
- 1995, c. 29, s. 55(E)
- 2006, c. 9, s. 286
Marginal note: Salary of Chief Executive Officer
- 7 (1) The Chief Executive Officer shall be paid a salary to be fixed by the Governor in Council.
- Marginal note: Remuneration of other members (2) The Governor in Council may authorize the payment of allowances or other remuneration to the Chairperson and to any other member having special duties.
- Marginal note: Expenses (3) Each member is entitled to be paid reasonable travel and other expenses incurred by the member in the performance of his duties.
- R.S., 1985, c. N-4, s. 7
- 1995, c. 29, s. 55(E)
- 2006, c. 9, s. 287
Officers and Employees
Marginal note: General Manager
- 8 (1) The Governor in Council may appoint a General Manager to hold office during pleasure who shall be paid a salary to be fixed by the Governor in Council.
- Marginal note: Staff (2) Subject to the plan of organization and terms and conditions of employment approved under subsection (3), the Commission may employ such officers and employees and such consultants and advisers as it deems necessary for the purpose of this Act and may fix their remuneration and terms and conditions of employment.
- Marginal note: Plan of organization and terms and conditions of employment (3) The Governor in Council may approve
- (a) a plan of organization for the establishment and classification of the continuing positions necessary for the proper functioning of the Commission; and
- (b) the establishment of rates of compensation for each class of position, and such other terms and conditions of employment as are considered desirable.
- R.S., c. N-3, s. 8
Committees
Marginal note: Executive Committee
- 9 (1) There shall be an Executive Committee of the Commission consisting of the Chairperson, the Chief Executive Officer and three other members to be appointed by the Commission, at least one of whom shall be from the Province of Quebec.
- Marginal note: Powers (2) The Executive Committee shall exercise such of the powers and perform such of the functions of the Commission as are delegated to it by the Commission and shall submit at each meeting of the Commission minutes of its proceedings since the last preceding meeting of the Commission.
- Marginal note: Other committees (3) The Commission may establish a National Capital Planning Committee and such other committees as it considers necessary or desirable for the administration of this Act.
- Marginal note: Expenses of committee members (4) Each member of the Executive Committee, National Capital Planning Committee or other committee established under this section is entitled to be paid reasonable travel and other expenses incurred by the member in the performance of his duties.
- R.S., 1985, c. N-4, s. 9
- 1995, c. 29, s. 55(E)
- 2006, c. 9, s. 288
Objects, Purposes and Powers
Marginal note: Objects and purposes of Commission
- 10 (1) The objects and purposes of the Commission are to prepare plans for and assist in the development, conservation and improvement of the National Capital Region in order that the nature and character of the seat of the Government of Canada may be in accordance with its national significance.
- Marginal note: Powers (2) The Commission may, for the purposes of this Act,
- (a) acquire, hold, administer or develop property;
- (b) sell, grant, convey, lease or otherwise dispose of or make available to any person any property, subject to such conditions and limitations as it considers necessary or desirable;
- (c) construct, maintain and operate parks, squares, highways, parkways, bridges, buildings and any other works;
- (d) maintain and improve any property of the Commission, or any other property under the control and management of a department, at the request of the authority or Minister in charge thereof;
- (e) cooperate or engage in joint projects with, or make grants to, local municipalities or other authorities for the improvement, development or maintenance of property;
- (f) construct, maintain and operate, or grant concessions for the operation of, places of entertainment, amusement, recreation, refreshment, or other places of public interest or accommodation on any property of the Commission;
- (g) administer, preserve and maintain any historic place or historic museum;
- (h) conduct investigations and researches in connection with the planning of the National Capital Region; and
- (h.1) [Repealed, 2013, c. 33, s. 213]
- (i) generally, do and authorize such things as are incidental or conducive to the attainment of the objects and purposes of the Commission and the exercise of its powers.
- R.S., 1985, c. N-4, s. 10
- R.S., 1985, c. 45 (4th Supp.), s. 3
- 2013, c. 33, s. 213
Development
Marginal note: Coordination of development
11 The Commission shall, in accordance with general plans prepared under this Act, coordinate the development of public lands in the National Capital Region.
- R.S., c. N-3, s. 11
Marginal note: Development proposals
- 12 (1) Where
- (a) any department proposes to erect, alter, extend or demolish a building or other work on any lands in the National Capital Region,
- (b) any person proposes to erect, alter, extend or demolish a building or other work on public lands in the National Capital Region, or
- (c) any department or person proposes to change the use of public lands in the National Capital Region,
the department or person shall, prior to the commencement of the project, submit a proposal therefor to the Commission for approval.
- (a) in the case of a proposal to erect, alter or extend a building or other work, the site, location, design and plans thereof and the use to be made of the building or other work as erected, altered or extended;
- (b) in the case of a proposal to demolish a building or other work, the site, location, design and use made of the building or other work and the plans for the demolition; and
- (c) in the case of a proposal to change the use of public lands, the site, location, existing use and proposed use of the lands.
- R.S., 1985, c. N-4, s. 12
- R.S., 1985, c. 45 (4th Supp.), s. 5
Marginal note: Proposals for sale of public lands
- 12.1 (1) Proposals by any department for the sale of public lands in the National Capital Region shall be submitted to the Commission for approval prior to the sale.
- Marginal note: Prohibition (2) No public lands in the National Capital Region shall be sold without the approval of the Commission.
- R.S., 1985, c. 45 (4th Supp.), s. 5
Marginal note: Governor in Council may approve
- 12.2 (1) Where the Commission does not give its approval to a proposal made under section 12 or 12.1, the Governor in Council may give such approval and any such approval given by the Governor in Council shall, for the purposes of that section, be deemed to have been given by the Commission.
- Marginal note: Terms and conditions of approval (2) Any approval given under section 12, 12.1 or this section may be subject to such terms and conditions as are considered desirable by the Commission or the Governor in Council, as the case may be.
- R.S., 1985, c. 45 (4th Supp.), s. 5
Marginal note: Power to construct railway
- 13 (1) The Commission may construct in the National Capital Region, in accordance with plans prepared under this Act, a railway and related facilities.
- Marginal note: Sale, lease, etc. (2) The Commission may
- (a) sell, convey or lease any railway and related facilities, or any portion thereof, constructed pursuant to subsection (1) to any railway company; or
- (b) enter into agreements with any railway company for
- (i) the sole, joint or several use of the railway or facilities, or any portion thereof,
- (ii) the maintenance by the company of the railway or facilities, or any portion thereof, and
- (iii) the operation of the railway or facilities, or any portion thereof.
- R.S., 1985, c. N-4, s. 13
- 1996, c. 10, s. 236
Expropriation
Marginal note: Expropriation
- 14 (1) Where in the opinion of the Commission the acquisition of any land or interest therein by the Commission without the consent of the owner is required for the purposes of this Act, the Commission shall so advise the appropriate Minister in relation to Part I of the Expropriation Act .
- Marginal note: Idem (2) For the purposes of the Expropriation Act , any land or interest therein that, in the opinion of the Minister mentioned in subsection (1), is required for the purposes of this Act shall be deemed to be land or an interest therein that, in his opinion, is required for a public work or other public purpose, and, in relation thereto, a reference to the Crown in that Act shall be construed as a reference to the Commission.
- R.S., c. N-3, s. 13
- R.S., c. 16(1st Supp.), s. 42
Property
Marginal note: Restrictions on transactions
- 15 (1) Except with the approval of the Governor in Council, the Commission shall not
- (a) acquire any real property for a consideration in excess of a value of twenty-five thousand dollars; or
- (b) enter into a lease enduring for a period in excess of five years or grant an easement enduring for a period in excess of forty-nine years.
- R.S., 1985, c. N-4, s. 15
- R.S., 1985, c. 45 (4th Supp.), s. 6
Marginal note: Payments in lieu of taxes
- 16 (1) The Commission may pay grants to a local municipality not exceeding the taxes that might be levied by the municipality in respect of any real property of the Commission if the Commission were not an agent of Her Majesty.
- Marginal note: Exception (2) Subsection (1) does not apply to parks or squares, to highways or parkways, or to bridges or similar structures.
- Marginal note: Gatineau Park (3) The Commission may pay grants to the appropriate authorities in respect of real property of the Commission situated in Gatineau Park not exceeding in any tax year the amounts estimated by the Commission to be sufficient to compensate such authorities for the loss of tax revenue during that tax year in respect of municipal and school taxes by reason of the acquisition of the property by the Commission.
- R.S., c. N-3, s. 15
Financial
Marginal note: Loans
17 The Minister of Finance may out of the Consolidated Revenue Fund advance to the Commission such amounts by way of loan as are authorized by Parliament, subject to such terms and conditions respecting interest, terms of repayment and otherwise as are approved by the Governor in Council.
- R.S., c. N-3, s. 16
- 1980-81-82-83, c. 17, s. 15
Marginal note: General fund
18 Subject to section 17, the Commission may expend for any of the purposes of this Act any money appropriated by Parliament for the use of the Commission, received by it through the conduct of its operations or received by it by bequest, donation or otherwise.
- R.S., c. N-3, s. 17
By-laws and Regulations
Marginal note: By-laws
19 The Commission may make by-laws for the conduct and management of its activities and for carrying out the purposes and provisions of this Act.
- R.S., c. N-3, s. 18
Marginal note: Regulations
- 20 (1) The Governor in Council may make regulations for the protection of any property of the Commission and for preserving order or preventing accidents on any property of the Commission.
- Marginal note: Punishment (2) The Governor in Council may by regulation prescribe the punishment that may be imposed on summary conviction for the contravention of any regulation made under subsection (1), but the punishment so prescribed shall not exceed that set out in subsection 787(1) of the Criminal Code .
- R.S., 1985, c. N-4, s. 20
- 2002, c. 13, s. 87
Marginal note: Liability of owner
- 21 (1) Where a vehicle is operated or parked in contravention of any regulation made under subsection 20(1), the owner of the vehicle is liable to the punishment prescribed by the Governor in Council for such contravention, unless at the time of such contravention the vehicle was not operated or parked, as the case may be, by the owner or by any other person with the express or implied consent of the owner.
- Marginal note: Damage to property (2) Where a person is convicted for the contravention of any regulation made under subsection 20(1), the convicting court may, at the time sentence is imposed, order that person to pay to the Commission an amount by way of satisfaction or compensation for loss of or damage to property suffered by the Commission as a result of the contravention for which that person was convicted.
- Marginal note: Order enforced as a judgment (3) An order made under subsection (2) in respect of a person convicted for the contravention of any regulation made under subsection 20(1) may, on the filing of the order in the superior court of the province in which the trial of the contravention was held, be enforced as a judgment of that court.
- R.S., c. N-3, s. 19
Marginal note: Evidence
22 In a prosecution for the contravention of any regulation made under subsection 20(1), a certificate stating that any property described in it is under the control of the Commission and purporting to be certified by the Commission or the Chief Executive Officer, General Manager, Chief Engineer, or Secretary of the Commission shall be admitted in evidence without proof of the signature or official character of the person appearing to have signed the certificate and without further proof and, in the absence of evidence to the contrary, is proof that the property is under the control of the Commission.
- R.S., 1985, c. N-4, s. 22
- 1995, c. 29, s. 55(E)
- 2006, c. 9, s. 289
General
Marginal note: Gifts
23 The Commission may, if it sees fit, accept any property by way of gift, bequest or devise and may, subject to paragraph 10(2)(b) and subsection 15(1) but notwithstanding any other provision of this Act, expend, administer or dispose of any such property for the purposes of this Act, subject to the terms, if any, on which such property was given, bequeathed or devised to the Commission.
- R.S., c. N-3, s. 20
- 1984, c. 31, s. 14
Marginal note: Auditor
24 The Auditor General of Canada is the auditor of the Commission.
- R.S., c. N-3, s. 22
- 1976-77, c. 34, s. 30(F)
- 1984, c. 31, s. 14
Marginal note: Works for general advantage of Canada
25 All works of the Commission, whether constructed or executed before or after February 6, 1959, are hereby declared to be for the general advantage of Canada.
- R.S., c. N-3, s. 23
SCHEDULE (Section 2) Description of National Capital Region
A territory composed of part of the provinces of Ontario and Quebec, and comprising part of the Township of Beckwith and part of the Town of Mississippi Mills in the County of Lanark, part of the Township of Russell in the United Counties of Prescott and Russell, and part of the City of Ottawa, all in the Province of Ontario; the whole of the Municipalities of Cantley, Chelsea and Pontiac and part of the Municipalities of l’Ange-Gardien, La Pêche, Notre-Dame-de-la-Salette and Val-des-Monts in the Municipalité régionale de comté des Collines-de-l’Outaouais, and part of the City of Gatineau, all in the Province of Quebec, and including with reference to the cadastres of the Province of Quebec, the lots or part of lots, blocks or part of blocks, their present or future subdivisions, as well as highways, railway right-of-ways, islands, watercourses or parts thereof; the whole confined within the boundaries described as follows: Commencing at a point on the south shore of the Ottawa River where it is intersected by the boundary between the geographic Township of McNab and the geographic Township of Fitzroy; thence southwesterly along the said boundary to the line between the northeast and southwest halves of the Lots in Concession II, geographic Township of Fitzroy; thence southeasterly along the last-mentioned line to the line between Lots 21 and 22, Concession II, geographic Township of Fitzroy; thence southwesterly along the last-mentioned line and along the line between Lots 21 and 22, Concession I, geographic Township of Fitzroy, to the boundary between the said geographic Township of Fitzroy and the geographic Township of Pakenham; thence southeasterly along the last-mentioned boundary to the line between Lots 21 and 22, Concession XII, geographic Township of Pakenham; thence southwesterly along the last-mentioned line to the line between the northeast and southwest halves of the Lots in Concession XII, geographic Township of Pakenham; thence southeasterly along the last-mentioned line to the line between Lots 16 and 17, Concession XII, geographic Township of Pakenham; thence southwesterly along the last-mentioned line and along the line between Lots 16 and 17, Concession XI, to the line between the northeast and southwest halves of the Lots in Concession XI, geographic Township of Pakenham; thence southeasterly along the last-mentioned line to the line between Lots 13 and 14, Concession XI, geographic Township of Pakenham; thence southwesterly along the last-mentioned line and along the lines between Lots 13 and 14, Concessions X and IX, to the line between the northeast and southwest halves of the Lots in Concession IX, geographic Township of Pakenham; thence southeasterly along the last-mentioned line to the line between Lots 7 and 8, Concession IX, geographic Township of Pakenham; thence southwesterly along the last-mentioned line and along the line between Lots 7 and 8, Concession VIII, to the line between the northeast and southwest halves of the Lots in Concession VIII, geographic Township of Pakenham; thence southeasterly along the last-mentioned line to the boundary between the geographic Townships of Pakenham and Ramsay; thence southwesterly along the last-mentioned boundary to the road between Concessions VII and VIII, geographic Township of Ramsay; thence southeasterly along the said road to the side road between Lots 20 and 21, Concession VIII, geographic Township of Ramsay; thence northeasterly along the said side road to the line between the northeast and southwest halves of the Lots in Concession VIII, geographic Township of Ramsay; thence southeasterly along the last-mentioned line to the boundary between the geographic Townships of Ramsay and Beckwith; thence southwesterly along the last-mentioned boundary to the line between Lots 16 and 17, Concession XII, geographic Township of Beckwith; thence southeasterly along the last-mentioned line and along the line between Lots 16 and 17, Concession XI, geographic Township of Beckwith, to the northwesterly limit of the right-of-way of Canadian Pacific Limited; thence northeasterly along the last-mentioned limit to the boundary between the geographic Township of Beckwith and the geographic Township of Goulbourn; thence southeasterly along the last-mentioned boundary to the boundary between the geographic Townships of Goulbourn and Marlborough; thence northeasterly along the last-mentioned boundary to the boundary between the geographic Townships of Marlborough and North Gower; thence southeasterly along the last-mentioned boundary to the road between Lots 35 and 36, Concession IV, geographic Township of North Gower; thence easterly along the road between Lots 35 and 36 in Concessions IV, III and II and continuing easterly along the production of the said road to the easterly boundary of the geographic Township of North Gower, being the centre line of the Rideau River; thence northerly following the centre line of the Rideau River to the west boundary of the geographic Township of Osgoode; thence southerly along the last-mentioned boundary to the road between Lots 35 and 36 in the Broken Front Concession, geographic Township of Osgoode; thence easterly along the road between Lots 35 and 36 in the Broken Front and First Concessions and between Lots 34 and 35 in the Second Concession, and between Lots 35 and 36 in Concessions III, IV, V, VI, VII, VIII, IX, X and XI, geographic Township of Osgoode, and continuing along the road between Lots 5 and 6 in Concessions I, II, III, IV, V, VI, VII and VIII in the geographic Township of Russell to the road between Concessions VIII and IX of the said geographic Township of Russell; thence northerly along the last-mentioned road to the boundary between the geographic Townships of Russell and Cumberland; thence easterly along the last-mentioned boundary to the projected road between Concessions III and IV, geographic Township of Cumberland; thence northerly along the last-mentioned road to the line between Lots 1 and 2, Concession III, geographic Township of Cumberland; thence easterly along the last-mentioned line to the west boundary of Lot 10 in the Second Concession from the Ottawa River, sometimes called “The Old Survey”, in the geographic Township of Cumberland; thence northerly along the said west boundary of Lot 10 in the Second Concession from the Ottawa River and along the west boundary of Lot 10 in the First Concession from the Ottawa River to the southerly shore of the Ottawa River; thence northerly across the said Ottawa River to the point on the northerly shore where it is intersected by the line between Lots 7 and 8, Range I, Township of Buckingham, in the Province of Quebec; thence northerly along the lines between Lots 7 and 8, Ranges I, II, III, IV, V, VI, VII, VIII, IX, X, XI and XII, Township of Buckingham, to the boundary between the Township of Buckingham and the Township of Derry; thence westerly along the last-mentioned boundary to the boundary between the Townships of Derry and Portland East; thence northerly along the last-mentioned boundary to the range line between Ranges III and IV of the said Township of Portland East; thence westerly along the last-mentioned range line to the boundary between the Townships of Portland East and Portland West; thence northerly along the last-mentioned boundary to the range line between Ranges IV and V of the said Township of Portland West; thence westerly along the last-mentioned range line to the easterly boundary of Lot 7, Range V, Township of Portland West; thence northerly along the last-mentioned boundary to the range line between Ranges V and VI, Township of Portland West; thence westerly along the last-mentioned range line to the easterly boundary of Lot 7, Range VI, Township of Portland West; thence northerly along the last-mentioned boundary to the range line between Ranges VI and VII, Township of Portland West; thence westerly along the last-mentioned range line to the easterly boundary of Lot 7, Range VII, Township of Portland West; thence northerly along the last-mentioned boundary to the range line between Ranges VII and VIII, Township of Portland West; thence westerly along the last-mentioned range line to the easterly boundary of Lot 7, Range VIII, Township of Portland West; thence northerly along the last-mentioned boundary to the range line between Ranges VIII and IX, Township of Portland West; thence westerly along the last-mentioned range line to the boundary between the Townships of Portland West and Denholm; thence southerly along the last-mentioned boundary to the boundary between the Townships of Denholm and Wakefield; thence westerly along the last-mentioned boundary to the line between Lots 25 and 26, Range XI, of the said Township of Wakefield; thence southerly along the lines between Lots 25 and 26, Ranges XI, X, IX, VIII, VII, VI and V, Township of Wakefield, to the range line between Ranges IV and V, Township of Wakefield; thence westerly along the last-mentioned range line to the line between Lots 4 and 5, Range V, Township of Wakefield; thence northerly along the lines between Lots 4 and 5, Ranges V, VI and VII, Township of Wakefield, to the range line between Ranges VII and VIII, Township of Wakefield; thence westerly along the last-mentioned range line to the boundary between the Townships of Wakefield and Masham; thence northerly along the last-mentioned boundary to the range line between Ranges VII and VIII, of the said Township of Masham; thence westerly along the last-mentioned range line to the boundary between the Townships of Masham and Aldfield; thence northerly along the last-mentioned boundary to the range line between Ranges II and III, of the said Township of Aldfield; thence westerly along the last-mentioned range line to the easterly boundary of the east range of the said Township of Aldfield; thence along the said easterly boundary of the east range of the Township of Aldfield to the line between Lots 14 and 15 of the said east range of the Township of Aldfield; thence westerly along the lines between Lots 14 and 15, east range and west range, Township of Aldfield to the westerly boundary of the west range of the said Township of Aldfield; thence southerly along the said westerly boundary to the range line between Ranges I and II of the said Township of Aldfield; thence westerly along the last-mentioned range line to the boundary between the Township of Aldfield and the Township of Thorne; thence southerly along the last-mentioned boundary and continuing along the boundary between the Township of Onslow and the Township of Bristol and its projection onto the Ottawa River to the boundary line between the Province of Quebec and the Province of Ontario; thence southwesterly across the Ottawa River to the point of commencement; containing an area of four thousand seven hundred and fifteen square kilometres, more or less (± 4715 km 2 ).
- R.S., 1985, c. N-4, Sch.
- 2002, c. 17, s. 20
